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| 1 |
ID:
108358
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| Publication |
2011.
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| Summary/Abstract |
Since the upheaval of the Cultural Revolution decade (1966-1976), post-Mao China has witnessed a sustained period of unprecedented legal reform. Criminal prosecutions and citizen lawsuits against the government, because they pit individual litigants against the authoritarian Chinese state, are two politically significant areas of law. We examine and critically assess the sociolegal scholarship on criminal and administrative legal reform as it has developed over the past few decades, with special attention to shifts in the conventional wisdom regarding legal reform and political liberalism in China and elsewhere. Additionally, we offer both theoretical and empirical suggestions for enhancing the explanatory power of sociolegal research in China.
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| 2 |
ID:
113079
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| 3 |
ID:
114896
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| 4 |
ID:
104730
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| 5 |
ID:
192181
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| Summary/Abstract |
In 2018, China's general secretary, Xi Jinping, announced a three-year war on “black societies and evil forces” and promised to take down various forms of organized crime and evil forces within society. This article examines the operational features of this particular crackdown and how they diverged from previous “strike hard” campaigns. This campaign adopted novel strategies including embedding instructions on law enforcement within criminal justice institutions, promulgating special rules on the crimes of evil forces in order to “strike” campaign targets early, and deploying intrusive investigation tactics that focused on the person and not the crime. Using democratic centralism as a liberal lens, this campaign showcases the struggle between the imperative of legality and the politics of a major campaign in China.
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| 6 |
ID:
102520
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| 7 |
ID:
037187
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| Publication |
New York, The Free press, 1971.
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| Description |
xi, 452p
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Copies: C:1/I:0,R:0,Q:0
Circulation
| Accession# | Call# | Current Location | Status | Policy | Location |
| 007118 | 345/GOL 007118 | Main | On Shelf | General | |
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| 8 |
ID:
114895
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| 9 |
ID:
113078
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| 10 |
ID:
169951
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| Summary/Abstract |
The fight against terrorism has undergone major changes over the past thirty years. These changes have often been interpreted as a manifestation of “exceptionalism,” a trend that should be criticized for undermining the rule of law. We agree with this diagnosis but want to take a further step by acknowledging that this critical relationship to developments in counterterrorism is an integral part of the social processes to be studied. To this end, our approach places knowledge production at the heart of the scientific study of the fight against terrorism. We aim to understand how the so-called enemy criminal law—a legal dogmatic undertaking that has been used in various settings to reflect on the issue of counterterrorism—has gradually evolved from an objectivist analysis to a critical resource, without its axiomatics having fundamentally changed. With the help of what, in France, is called the “sociologie des épreuves,” we show that this transformation has been achieved through the confrontation of the doctrine with different sociopolitical contexts. We aim to document and help explain this unique trajectory from a sociology of knowledge perspective.
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| 11 |
ID:
104571
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| 12 |
ID:
093050
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| 13 |
ID:
128656
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| Publication |
2013.
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| Summary/Abstract |
Although this articles is of a somewhat technical legal nature, is should be of interest to all members, dealing as it does with issues which are very much of the type that occur globally and will impact increasingly on maritime security and potentially on conflict
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| 14 |
ID:
085826
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| Publication |
2008.
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July 2008 produced two major developments relating to international criminal justice, highlighting again the political delicacy of this newly salient dimension of international relations. On 14 July, the prosecutor of the international criminal court sought an arrest warrant against serving Sudanese President Omar al-Bashir for genocide, crimes against humanity, and murder.
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| 15 |
ID:
145562
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A key part of the debate about the UK's membership of the EU is concern about levels of migration and the impact upon security. This paper assesses how much impact EU membership has on each of these issues, and examines the likely impact of leaving the EU in each of these areas.
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| 16 |
ID:
075711
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| Publication |
2006.
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This article examines the inter-relationship between the rule of law, criminal law reform and international human rights norms and standards in post-conflict societies from a theoretical as well as a practical perspective. In several peace operations, both national and international actors have faced significant challenges in reforming the domestic criminal law framework. Reflecting upon these challenges, many practitioners have called for the creation of 'law reform tools'. With the aim of providing such tools, the Model Codes for Post-conflict Criminal Justice Project has developed a set of model criminal laws. The model codes have been drafted in a manner that is fully compliant with international human rights norms and standards in the field of criminal proceedings. The article discusses how such model codes may meaningfully contribute to domestic criminal law reform efforts, not as a panacea but a start for enhanced human rights protection in post-conflict states.
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| 17 |
ID:
124426
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| Publication |
2013.
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| Summary/Abstract |
In debates on the preemptive measures of the war on terror, criminal law is often regarded as the antithesis to exception-a conventional mode of response that acts on the basis of past harm. Since September 11, 2001, however, significant new terrorism laws have been adopted in most countries in order to make possible the disruption and prosecution of potential terrorists engaged in preparatory activities. Thus, ancillary acts undertaken increasingly in advance of actual violence are brought within the remit of criminal law. This paper engages the question of the precautionary turn in criminal law itself, and how it plays out in actual courtrooms. We examine the terrorist trial as a performative space where potential future terror is imagined, invoked, contested, and made real. By focusing on the cases of the Hofstad group in the Netherlands, and the Rhyme trials in the UK, the paper examines how present criminal offenses involving terrorist aims and intent are constituted through the appeal to potential future violence. In conclusion, the paper teases out the political dynamic of secondary risk management that-frequently-underlies contemporary terrorism prosecutions.
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| 18 |
ID:
036956
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| Publication |
Bombay, Chetana, 1949.
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| Description |
xii,132p.hbk
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| Series |
Inter-Continental Library
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Copies: C:1/I:0,R:1,Q:0
Circulation
| Accession# | Call# | Current Location | Status | Policy | Location |
| 024308 | 947.084/NEH 024308 | Main | On Shelf | Reference books | |
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| 19 |
ID:
127010
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2013.
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| Summary/Abstract |
Notwithstanding his premature death, the trial of Slobodan Milosevic is widely hailed as a landmark moment in the development of international criminal law. To many, the trial, in conjunction with the broader record of the International Criminal Tribunal for the former Yugoslavia (ICTY), represents the beginning of a new era of global justice characterized by the impending triumph of law over politics. This article dissents from the prevailing consensus by emphasizing the enduring role of imperialist relations in shaping international relations. Without defending Milosevic, we provide a critical reassessment of the ICTY's most celebrated trial. We do so to reveal the manner in which seemingly progressive legal institutions - far from furthering an abstract notion of justice - serve to re-inscribe a violent and highly unequal post-Cold War imperialist world order. Because the ICTY is far from a sui generis experience, we argue that it is critical to take Milosevic seriously in making sense of the nature and implications of global tribunals.
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| 20 |
ID:
132752
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| Publication |
2014.
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| Summary/Abstract |
This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.
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